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Miami Immigration & Naturalization Law Blog

Legal assistance can help in obtaining a non-immigrant visa

Not everyone who comes to the United States intends to stay permanently. Many people come temporarily in connection with their business, job or profession. Whether they are business people, artists, exchange students, investors or athletes, they all need a non-immigrant visa in order to enter the U.S. At the Law Firm of Kurzban Kurzban Weinger Tetzeli & Pratt, P.A. we can help these individuals and their employers obtain the correct visa type for their stay in Florida or anywhere else in the U.S.

Identifying the correct non-immigrant visa to apply for is of paramount importance. There are a number of different types of these visas available, but the applicant must meet the strict criteria for the visa in question.

Attorneys make a difference in Florida immigration courts

When an individual is accused of a crime in the United States, the U.S. Constitution guarantees them the right to an attorney. If the defendant cannot afford an attorney, the court will appoint a public defender at no charge to the defendant. But, immigrants in Florida who are detained by U.S. Immigration and Customs Enforcement and facing deportation proceedings have no right to a court-appointed lawyer. They do have the right to hire counsel at their own expense, but this is beyond the means of many detainees.

In many cases, an immigration judge will postpone a hearing to provide the detainee time to find an attorney, but the court will not provide an attorney. Immigrants who do not speak English and do not have family in the U.S. are often unable to find an attorney, even with a postponement. As a result, a postponement often means the detainee just spends more time in the detention center.

Can NAFTA allow for temporary visas for professionals?

People in Miami and across the United States are paying close attention to presidential politics and the discussion regarding various agreements that the U.S. has with other countries for workers. One example is the North American Free Trade Agreement (NAFTA). With NAFTA, there are certain circumstances in which immigrants can come from Canada and Mexico with special treatment. Understanding this is important for companies and individuals who would like to have these workers come to the U.S. as well as for workers who would like to work in the U.S.

Under NAFTA, there is an option known as the TN nonimmigrant classification. With it, citizens of Mexico and Canada are able to request entry into the U.S. on a temporary basis so they can take part in business at the professional level. There are certain categories of professionals who are allowed to request this admission. They are attorneys, engineers, accountants, teachers, scientists and pharmacists.

Fatal car crash leads to DUI charges

When heading out onto the road as a driver, bicyclist or pedestrian in Miami, there is always a danger of being in a crash. When there is a fatal car crash, the family left behind will want answers as to how and why it happened. This information can be imperative when the family considers seeking compensation through a wrongful death legal filing.

Recently, a fatal car crash near Miami claimed the life of an 18-year-old man. The 40-year-old driver who caused the crash has been placed under arrest for DUI manslaughter, and he is being held on $50,000 bond. According to the law enforcement investigation, the man charged with DUI was driving an SUV and ran through a red light at about 2:30 a.m. According to witnesses, the SUV driver was speeding; the incident was also captured by a nearby video camera. The driver of the other vehicle was airlifted to the hospital where he was declared dead. Officers found that the SUV driver's blood alcohol content was 0.18 and he was subsequently arrested.

What are the requirements for an EB-3 employment visa?

Employment-based immigration is one of the most common ways for people to begin a new life in the United States. U.S. immigration law provides for a number of visa types that allow skilled workers and professionals to enter the U.S. One of the most popular is the EB-3 visa.

Under the EB-3 program, a skilled worker is defined as one whose occupation requires at least two years of experience or training. The applicant's job must be of a permanent nature; temporary or seasonal work does not qualify.

Failing to see a motorcycle can lead to a fatal accident

Too many Florida drivers don't see motorcycles until it's too late. There are fewer motorcycles on the road relative to the number of other vehicles, so many drivers don't anticipate seeing one. Motorcycles are smaller than cars or trucks, so they are sometimes harder to see. Blind spots - areas not covered by the mirrors - and obstructions such as pillars in cars can contribute to the problem. When glare or precipitation are present the risk of not seeing motorcycles is increased.

The problem is a serious one. According to the National Highway Traffic Safety Administration, in the majority of collisions between motorcycles and other vehicle types, it was the driver of the other vehicle who violated the right-of-way of the motorcyclist. And when a collision occurs, it is usually the motorcycle rider who gets the worst of it. A collision between a motorcycle and a car or truck is often fatal for the rider.

U.S. to allow more Central Americans to seek refugee status

Many people in Florida are aware that for some time there has been a wave of people coming to the U.S. border from Honduras, Guatemala and El Salvador, some of the most violent places on earth. The migration peaked in 2014 when thousands of unaccompanied children crossed the border in Texas. Until recently, many were turned away and sent back to their home countries, often at great risk of being killed.

On July 26, the Obama administration announced that it was significantly broadening a program that allows unaccompanied children from Central America to enter the U.S. as refugees. The expanded program will allow the children's family members to enter. Eligible family members include parents, siblings and relatives acting as caregivers.

Knowledgeable advice can help secure a U.S. employment visa

Florida is home to many foreign nationals who have come to the United States to work. Obtaining a U.S. employment visa is generally the first step for any alien who wishes to work in the U.S. There are a number of different types of U.S. visas tailored to specific categories of foreign workers.

In applying for a visa, it is critical to make sure you meet the eligibility requirements for the type of visa you are seeking. For example, skilled workers who have a job offer in the U.S. can apply for an EB-3 visa after the potential employer obtains labor certification approval, which requires a determination that the applicant is not taking a job that could be filled by a U.S. worker. Similarly, applicants with advanced degrees or who possess exceptional abilities in business, the arts or science can apply for an EB-3 visa, after the employer obtains labor certification approval.

Lobbying group estimates cost of Trump's immigration plans

Presidential candidate Donald Trump's immigration proposals have generated a lot of fear in Florida's immigrant communities. But some research done by a lobbying group shows that Trump's plans would be prohibitively expensive. The group has also released the results of a poll showing most independent voters are opposed to his plans.

The group, FWD.us, was created by Mark Zuckerberg, the founder of Facebook, to lobby for immigration reform. According to the group's calculations, Trump's plan to deport 11.3 people could cost as much as $935 billion over the next 20 years. The group also notes that the taxes paid by undocumented immigrants in the U.S. amount to about $11.64 billion every year.

Holding a Florida property owner liable for dangerous premises

Property owners in Florida have a legal duty to keep their premises reasonably safe for people who come on the property. When a landowner fails to remedy a hazardous condition on their property, serious injuries can result. The accidents caused by dangerous premises range from falls on wet floors or broken staircases to drownings and near-drownings in backyard swimming pools.

Just because an injury occurred on someone else's property doesn't mean the property owner is legally responsible. The injured party must show that the accident resulted from a dangerous condition which the owner knew about or should have known about and failed to repair. The legal theory holding property owners liable in these situations is known as premises liability.

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